DOD v Commissioner of Victims Rights [2018] NSWCATAD 249

DOD v Commissioner of Victims Rights [2018] NSWCATAD 249

The Tribunal preferred the evidence of the police and the other party over DOD's evidence, drew an inference from DOD's failure to call his wife or mother-in-law, and found that the arresting officer complied with s 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), informed DOD of the reason for arrest, and lawfully discontinued the arrest under s 105 once the reason for the arrest no longer existed. The Tribunal was not satisfied on the balance of probabilities that DOD was the primary victim of an act of violence, either in relation to his arrest and detention or the events after the arrest was discontinued. The correct and preferable decision was therefore to...

Jurisdiction
Australia
Judgment Date
24 October 2018
Procedural Posture
Administrative Review of Victims Support Decision / Review of Senior Assessor's Review Decision Dated 24 July 2018
Outcome
The review decision dated 24 July 2018 was affirmed. To the extent the application sought administrative review of financial assistance claims, the application was dismissed for lack of jurisdiction.
Legal Topics
['victims Support' 'act of Violence' 'primary Victim' 'lawful Arrest' 'discontinuance of Arrest' 'recognition Payment' 'jurisdiction to Review Financial Assistance' 'contributory Behaviour']
['administrative Law' 'victims Rights and Support' 'police Powers'] ['victims Support' 'act of Violence' 'primary Victim' 'lawful Arrest' 'discontinuance of Arrest' 'recognition Payment' 'jurisdiction to Review Financial Assistance' 'contributory Behaviour']

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Procedural Posture

Administrative Review of Victims Support Decision / Review of Senior Assessor's Review Decision Dated 24 July 2018

Legal Issues

  1. 1 ['Does the Tribunal have jurisdiction to determine the application?' 'Was the application lodged within time?' 'Was DOD the primary victim of an act of violence under ss 19 and 20 of the Victims Rights and Support Act 2013 (NSW)?' 'Are there any factors under s 44 of the Victims Rights and Support Act 2013 (NSW) that justify a decision to not approve victims support or to reduce the amount of support that is approved?' 'What amount of victims support should be awarded to DOD?']

Ratio Decidendi

The Tribunal preferred the evidence of the police and the other party over DOD's evidence, drew an inference from DOD's failure to call his wife or mother-in-law, and found that the arresting officer complied with s 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), informed DOD of the reason for arrest, and lawfully discontinued the arrest under s 105 once the reason for the arrest no longer existed. The Tribunal was not satisfied on the balance of probabilities that DOD was the primary victim of an act of violence, either in relation to his arrest and detention or the events after the arrest was discontinued. The correct and preferable decision was therefore to...

Court Disposition

The review decision dated 24 July 2018 was affirmed. To the extent the application sought administrative review of financial assistance claims, the application was dismissed for lack of jurisdiction.

Orders

  • ['Pursuant to s 63 (3) (a) of the ADR Act, the review decision dated 24 July 2018 is affirmed.']